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Law and the Spirit of Inquiry
This rich and fascinating collection of essays, in honour of Sir Louis Blom-Cooper, reflects the high regard in which he is held throughout the world. In his Foreword to the book, Lord Woolf, the Master of the Rolls, emphasises the contribution which Sir Louis has made, in so many capacities. Of course as an advocate and an eminent Queen's Counsel (both in England and Wales and Northern Ireland); he frequently appeared for those who are disadvantaged against the establishment ... Louis' commitment has been on an international scale and in many of the out-of-the-way parts of the world he has a near-hero status. Not many Queen's Counsel will, for example, have been prepared to make the near 6-...
Public Inquiries
"Throughout the twentieth century, administrations have wrestled with public concerns over national disasters and social scandals. The history and function of public inquiries are discussed here, depicting the dominant habit of lawyers up to the Bloody Sunday Inquiry, ill-directed in 1998 for twelve-and-a-half years. The author became the legal representative for the Northern Ireland Civil Rights Association in December 2000, two years into the public inquiry. Modernisation of public inquiries took place in the Inquiries Act 2005, heralded as a good piece of legislation. The result is a system of public inquiries conducted uniformly by Commissioners of Inquiry. Judges and leading lawyers are often Commissioners of Inquiry, although public inquiries are, as they always were, sterile of legal effect. They are the long arm of the sponsoring Minister; as Lord Bingham stated, 'unlike any court of law.'"--
Power of Persuasion
Over the years of the developing judicial review of ministerial and governmental decisions, Louis Blom-Cooper was a leading advocate who grew up with the advent of a distinctive brand of public law. His range of public activities, both in and outwith the courtroom, saw him dubbed by his colleagues as a polymath practitioner.It included chairmanship of plural public inquiries in child abuse and mental health, media contributions in the broadsheet press and in broadcasting, and innovation in penal reform, as an ardent campaigner for the abolition of capital punishment and a plea for a modern Homicide Act. He styled himself as a modern, reconstructed liberal – a man before his time. This coll...
Unreasoned Verdict
Preamble -- Justice and fairness : the basis of a fair trial -- The theory of jury function -- Reason for reasons -- European dimensions -- The value of the mixed (lay participation) tribunal -- The tale of taxquet -- Juryless trials : diplock courts and others -- Court-craft : judicial and advocate ethics -- Expert evidence -- Serious fraud offences: whither their trial? -- Waiver or choice : An australasian example -- Jury reality : the search for empirical evidence -- The scope of jury trial and reasoned decisions -- Perverse verdicts : jury nullification -- The magistracy today : towards professionalism -- Jury trial : a modern mode of trial -- The appellate process -- Conclusion.
The Case for a Royal Commission on the Penal System
An initiative supported by leading political, academic, religious and professional figures and in association with Queen Mary University of London. Virtually half-a-century has passed since the last Royal Commission on the Penal System was dissolved, its work uncompleted. Looking forwards, six members of the Commission asserted that ‘after some years’ a new Royal Commission would be of great public service. As commentators, writers and practitioners, Sir Louis Blom-Cooper QC and Professor Seán McConville have many decades of experience of penal policy and practice. Some 20-years ago they urged the appointment of a new Royal Commission on the subject. They have since pressed their case i...
Law and the Spirit of Inquiry
This rich and fascinating collection of essays, in honour of Sir Louis Blom-Cooper, reflects the high regard in which he is held throughout the world. In his Foreword to the book, Lord Woolf, the Master of the Rolls, emphasises the contribution which Sir Louis has made, `in so many capacities. Of course as an advocate and an eminent Queen's Counsel (both in England and Wales and Northern Ireland); he frequently appeared for those who are disadvantaged against the establishment ... Louis' commitment has been on an international scale and in many of the out-of-the-way parts of the world he has a near-hero status. Not many Queen's Counsel will, for example, have been prepared to make the near 6...
With Malice Aforethought
For more than three centuries the criminal law has given rise to a divergent set of approaches to the crime of homicide. Whereas the law of murder has not conceptually changed,the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of unlawful killing present considerable problems relating to intention, or lack of it, and the culpability of those whose behaviour, while lacking in evident malice, is characterised by the grossest recklessness. The reaction of the relatives of victims is generally simpler. They frequently find it impossible to understand how those who kill by dangerous or drunken driving may receiv...
Fine Lines and Distinctions
A most powerful commentary on the law of murder (and other unlawful killings), its history, modern-day development, wholesale deficiencies and unjust penal consequences.
Challenged Justice: In Pursuit of Judicial Independence
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
